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- BEFORE YOU INSTALL THE SOFTWARE CAREFULLY READ THE FOLLOWING. INSTALLING THE
- SOFTWARE INDICATES THAT YOU AGREE TO BE BOUND TO THE TERMS AND CONDITIONS OF THE
- LICENSE AGREEMENT CONTAINED INSIDE, WHICH IMPOSES LEGAL OBLIGATIONS ON YOU WITH
- RESPECT TO THE USE OF THIS SOFTWARE AND DOCUMENTATION.
-
- Copyright
-
- This software described herein are copyrighted ⌐ 1999 by EMAGIC with all rights
- reserved. Under copyright laws this software may not be duplicated in whole or
- in part without the written consent of EMAGIC, except in the normal use of the
- software or to make a back-up copy of the original disk.
-
- Limited Warranty
-
- 1. Product Warranty. Product hardware and media are warranted to be free
- from defects in material and workmanship during the warranty period
- (as defined below). Product hardware is warranted to conform substantially
- to EMAGIC's then current (as of the date of EMAGIC's product shipment) published
- user documentation during the warranty period. The warranty period is
- twelve (12) months for product hardware and thirty (30) days for media.
- Product support beyond these periods may be available at additional cost;
- consult EMAGIC for details.
-
- 2. Warranty Claims. EMAGIC shall incur no liability under this warranty
- if the end user fails to provide EMAGIC with notice of the alleged defect during
- the applicable warranty period and within thirty (30) days of its discovery.
- After receiving such notice, EMAGIC's technical assistance center (TAC) will
- notify the purchaser of its designation of one of the following problem
- resolution methods:
-
- Return to Factory: The allegedly defective goods must be returned to
- EMAGIC within thirty (30) days of TAC's notice and in accordance with
- EMAGIC's Return to Factory repair procedures.
-
- Other: TAC will use commercially reasonable efforts to repair,
- correct or workaround the problem by means of telephone support,
- including patches, corrective software releases or other means reasonably
- determined by EMAGIC.
-
- EMAGIC shall incur no liability under this warranty if EMAGIC's tests
- disclose that the alleged defect is due to causes not within
- EMAGIC's reasonable control, including alteration or abuse of the goods.
- Under the Return to Factory alternative, if a Product is determined not to
- be defective or to have a defect due to causes not within EMAGIC's
- reasonable control, EMAGIC's then current processing charge will apply.
-
- 3. EMAGIC's Liability. EMAGIC's liability, and end user's sole and
- exclusive remedy, shall be limited to the express remedies set forth in
- this EMAGIC product warranty. This warranty isvoid if the product serial
- numbers have been removed from the product or if the product has been
- damaged by misuse, modification or unauthorized repair. EMAGIC hardware
- does not contain any user-serviceable parts.
-
- 4. Disclaimer Of Warranties. EMAGIC MAKES NO OTHER WARRANTIES, EXPRESS,
- IMPLIED OR STATUTORY, REGARDING PRODUCTS. ALL OTHER WARRANTIES AS TO THE
- QUALITY, CONDITION, MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
- NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED.
-
- 5. Limitation Of Liability. EMAGIC SHALL NOT BE RESPONSIBLE FOR DIRECT
- DAMAGES IN EXCESS OF THE PURCHASE PRICE PAID BY THE END USER OR FOR ANY
- SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGE, INCLUDING, BUT NOT
- LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS OR,
- TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURY, WHETHER OR NOT
- ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES THE FOREGOING
- LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY EXCLUSIVE REMEDIES.
-
- 6. Warranty Repair (Return To Factory).
- If TAC designates Return to Factory as the appropriate problem resolution method,
- the following provisions apply.
-
- (a) During the first three (3) months of ownership, EMAGIC will ship a
- replacement for defective Product hardware covered under warranty within
- twenty-four (24) hours. During the fourth (4th) through twelfth (12th) months
- of ownership, EMAGIC will repair or replace defective Product hardware covered
- under warranty within ten (10) business days of receipt of the Product.
- The warranty period for the replaced product shall be ninety (90) days or the
- remainder of the warranty period of the original unit, whichever is greater.
- EMAGIC will ship surface freight. Expedited freight is at end user's expense.
-
- (b) The end user must return the defective Product to EMAGIC within
- fourteen (14) days after the request for replacement. If the defective
- Product is not returned within this time period, EMAGIC will bill the end
- user for the Product at list price.
-
- 7. Out-Of-Warranty Repair (Hardware). EMAGIC will either repair or,
- at its option, replace defective product hardware not covered under warranty
- within ten (10) working days of its receipt. Repair charges are available
- from the repair facility upon request. The warranty on a serviced product
- is thirty (30) days from date of shipment of the serviced unit.
- Out-of-warranty repair charges are based upon the prices in effect at the
- time of return.